Schedule 1 (Section 6(12))
Code of Conduct for Board members
1. General conduct of Board member
A Board member-(a)must perform the functions allocated to him or her in good faith, diligently, honestly and in a transparent manner;(b)must fulfill his or her role in an efficient manner;(c)may not conduct himself or herself in a disgraceful, improper or unbecoming manner;(d)must comply with any applicable legislation;(e)must act in the best interest of the Fund;(f)may not embark on actions that would create division within the Board;(g)may not refuse to provide any service to a person on political or ideological grounds;(h)must foster good relations with the organs of state with whom he or she interacts; and(i)must disclose gifts received.2. Attendance at meetings
A member of the Board must attend each meeting of the Board and of a committee of which that member of the Board is a member, except when-(a)leave of absence is granted in terms of an applicable law or as determined by the rules and orders of the Board; or(b)that member of the Board is required in terms of this Code to withdraw from the meeting.3. Sanctions for non-attendance of meetings
(1)The Board may impose a sanction as determined by the Board on a member of the Board for-(a)not attending a meeting which that member of the Board is required to attend in terms of item 2; or(b)failing to remain in attendance at such a meeting.(2)A member of the Board, who is absent from three or more consecutive meetings of the Board, or from three or more consecutive meetings of a committee of the Board, which that member of the Board is required to attend in terms of item 2, must be removed from office as a member of the Board, by the responsible Member.(3)The responsible Member must inform the Premier of the removal of the member of the Board represented.(4)Proceedings for the imposition of a sanction including removal of a member of Board must be conducted in accordance with a uniform standing procedure which the Board must adopt for the purposes of this item.4. Disclosure of interests
(1)A member of the Board must-(a)disclose to the Board; or to any committee of the Board of which that member of the Board is a member, any direct or indirect personal or private business interest that that member of the Board, or any spouse, partner or business associate of that member of the Board, may have in any matter before the Board or the committee of the Board; and(b)withdraw from the proceedings of the Board or committee of the Board when that matter is considered by the Board or its committee, unless the Board or its committee decides that the member of the Board's direct or indirect interest in the matter is trivial or irrelevant.(2)A member of the Board who, or whose spouse, partner, business associate or close family member, acquired or stands to acquire any direct benefit from a contract concluded with the Board, must disclose full particulars of the benefit.of which the member of the Board is aware at the first meeting of the Board at which it is possible for the member of the Board to make the disclosure.(3)This section does not apply to an interest or benefit which a member of the Board, or a spouse, partner, business associate or close family member has or acquires in common with other members of the Board.5. Personal gain
(1)A member of the Board may not use the position or privileges of a member of the Board, or confidential information obtained as a member of the Board, for private gain or to improperly benefit another person.(2)Except with the prior consent of the Board, a member of the Board may not-(a)be a party to or beneficiary under a contract for-(i)the provision of goods or services to the Board; or(ii)the performance of any work otherwise than as a member of the Board and for the Board;(b)obtain a financial interest in any business of the Board; or(c)for a fee or other consideration appear on behalf of any other person before the Board or its committee.(3)If more than one quarter of the members of the Board object to consent being given to a member of the Board in terms of sub-item (2), such consent may only be given to the member of the Board with the approval of the responsible Member.6. Declaration of interests
(1)When appointed, a member of the Board must, within 60 days, declare, in writing, to an the Board the following financial interests held by that member of the Board-(a)shares and securities in any company;(b)membership of any close corporation;(c)interest in any trust;(f)other financial interests in any business undertaking;(g)employment and remuneration;(j)subsidies, grants and sponsorships by any organization.(2)Any change in the nature or detail of the financial interests of a member of the Board must be declared, in writing, to the officer referred to in sub-item (1) annually.(3)Gifts received by a member of the Board in excess of an amount as may be prescribed by notice in the Provincial Gazette from time to time, must also be declared in accordance with sub-item (1).(4)The Board must determine which of the financial interests referred to in sub-item (1) must be made public, having regard to the need for confidentiality and the public interest for disclosure.(5)The declaration of interests and gifts contemplated in this item must substantially comply with the format of Annexure A to this Schedule, and must be completed annually where necessary, in order to comply with the provisions of sub-item (2).7. Rewards, gifts and favors
A member of the Board may not request, solicit or accept any reward, gift or favor for(a)voting or not voting in a particular manner on any matter before the Board or before a committee of the Board of which that member of the Board is a member;(b)persuading the Board or any committee of the Board in regard to the exercise of any power, function or duty;(c)making a representation to the Board or any committee of the Board; or(d)disclosing privileged or confidential information.8. Unauthorized disclosure of information
(1)A member of the Board may not, without the permission of the Board or a committee, disclose any privileged or confidential information of the Board or committee to any unauthorized person.(2)For the purpose of this item "privileged or confidential information" includes any information-(a)determined by the Board or committee of the Board to be privileged or confidential;(b)discussed in closed session by the Board or its committee;(c)of which disclosure would violate a person's right to privacy; or(d)declared to be privileged, confidential or secret in terms of the law.(3)This item does not derogate from the right of any person to access information in terms of national legislation.9. Breach of Code of Conduct
(1)If the Board, on reasonable suspicion, is of the opinion that a provision of the Code of Conduct has been breached, the Board must-(a)authorize an investigation of the facts and circumstances of the alleged breach;(b)give the member of the Board a reasonable opportunity to reply in writing regarding the alleged breach; and(c)report the matter to a meeting of the Board after paragraphs (a) and (b) have been complied with.(2)A report referred to in sub-item (1)(c) may be made available to the public.(3)The Board must report the outcome of the investigation to the responsible Member.(4)The Secretary of the Board must ensure that each member of the Board, when taking office, is given a copy of this Code and that a copy of this Code is available in every room or place where the Board or a committee of the Board meets.(5)The Board may-(a)investigate and make a finding on any alleged breach of a provision of this Code; or(b)establish a special committee-(i)to investigate and make a finding on any alleged breach of this Code; and(ii)to make appropriate recommendations to the Board.(6)If the Board, or a special committee appointed by the Board to conduct the investigation, finds that a member of the Board has breached a provision of this part of the Code of Conduct, the Board may-(a)issue a formal warning to the member of the Board;(b)reprimand the member of the Board;(c)suspend the member of the Board for a period in consultation with the responsible Member; and(d)remove the member of the Board from office in consultation with the responsible Member.(7)(a)Any member of the Board who has been warned, reprimanded, suspended or removed in terms of paragraph (a), (b), (c) or (d) of sub-item (6) may, within 14 days of having been notified of the decision of the Board, appeal to the responsible Member in writing, setting out the reasons on which the appeal is based.(b)A copy of the appeal must be provided to the Board.(c)The Board may, within 14 days of receipt of the appeal referred to in paragraph (b), make any representation pertaining to the appeal to the responsible Member in writing.(d)The responsible Member may, after having considered the appeal, confirm, set aside or vary the decision of the Board and inform the member of the Board and the Board of the outcome of the appeal.(8)The responsible Member may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make recommendations on whether the member of the Board should be suspended or removed from office.(9)If the responsible Member is of the opinion that a member of the Board has breached a provision of this Code, and that such contravention warrants a suspension or removal from office, the responsible Member may-(a)suspend the member of the Board for a period and on conditions determined by the responsible Member; or(b)remove the member of the Board from office.(10)Any investigation in terms of this item must be conducted in accordance with the rules of natural justice.Schedule 2 (Section 6(12))
Declaration of interests and gifts
I the undersigned: _____________________________________________________ (Full names)Identity number: ________________________________________________________Postal address: _________________________________________________________Residential address:Position held: _____________________________________________________Telephone number:Fax number:hereby certify that the following information is complete and correct to the best of my knowledge:1. Shares and other financial interests
Number of shares/extent of financial interests | Nature | Nominal value | Name of company/entity |
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2. Directorships and partnerships
Name of corporate entity or partnership | Type of business | Amount of remuneration |
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3. Consultancies
Name of client | Nature | Type of business activity | Value of any benefits received |
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4. Sponsorships
Source of assistance/sponsorship | Description of assistance/ sponsorship | Value of assistance/sponsorship |
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5. Gifts and hospitality from a source other than a family member
6. Land and property
Description | Extent | Area | Value |
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________________________SignaturePlace: ______Date: ________Oath/Affirmation
1.I certify that before administering the oath/affirmation I asked the deponent the following questions and wrote down his/her answers in his/her presence:(a)Do you know and understand the contents of the declaration? Answer _____________(b)Do you have any objection to taking the prescribed oath or affirmation? Answer _________(c)Do you consider the prescribed oath or affirmation to be binding on your conscience? Answer _________________2.I certify that the deponent has acknowledged that she/he knows and understands the contents of this declaration. The deponent uttered the following words: "I swear that the contents of this declaration are true, so help me God." / "I truly affirm that the contents of the declaration are true". The signature/mark of the deponent has been affixed to the declaration in my presence.Commissioner of Oaths/Justice of Peace
Full first names and surname: ______________________________(Block letters)Designation: _________________________ Ex Officio Republic of South AfricaStreet address of Institution: _________________________________________ _______________________________________________________________________Date: ___________________________________________Place: _________________________Signature: __________________________________________________________________________Signature of ResponsiblememberDate _________________________________Name of Responsiblemember_____________________________________Portfolio: ________________________________Memorandum on the objectsof the Youth Entrepreneurship Services Fund Bill, 2015
1. Background
1.1The Bill seeks to repeal the North West Youth Development Trust Act, 1997 (Act No. 7 of 1997);1.2The Bill also seeks to disestablish the North West Youth Development Trust, established in terms of the North West Youth Development Trust Act, 1997 (Act No. 7 of 1997), effectively replacing it with the North West Youth Entrepreneurship Services Fund, as successor in law;1.3In order to create the requisite legal basis for the establishment of the North West Youth Entrepreneurship Services Fund, new legislation needs to be promulgated.1.4Such legislation needs to define the role of the new entity, the composition, duties, powers and functions of its Board, its funding and financial management, etc.1.5The North West Youth Entrepreneurship Services Fund Bill, 2015, has been developed to create the requisite legal basis for the establishment of the North West Youth Entrepreneurship Services Fund, its management, objects, powers, duties and functions of its Board;1.6It further determines the manner in which the Fund is to be, governed, staffed and financed.1.7It is trite that any authority exercising a power assigned in terms of legislation and related prescripts is confined to exercising only such power as it is lawfully conferred upon him or her. This is a principle that applied in the cases of Fedlife Assurance Ltd v Johannesburg Transitional Metropolitan Council 1999 (1) SA 374 (CC), Pharmaceutical Manufacturers Association of SA: In re Ex Parte President of the Republic of South Africa 2000 (2) SA 674 (CC) and the case of Qualidental Laboratories Pty Ltd v Heritage Western Cape [2007] SCA 170 (RSA).1.8In Barnett v Minister of Land Affairs 2007 SCA 95 the Supreme Court of Appeal ordered the demolition of the structures along the Eastern Cape coast that have been erected with the approval of officials who did not have the necessary authority to grant development approval.1.9The conclusion is therefore that, in order to ensure that the new entity, namely the North West Youth Entrepreneurship Services Fund, gets the requisite legal status to exercise its powers and perform its functions lawfully, this Bill must be promulgated.2. Clause by clause explanation
In summary, the Bill provides as follows-Clause 1.Clause 1 provides for the definition of terms used in the Bill.Clause 2Clause 2 provides for the establishment of the North West Youth Entrepreneurship Services Fund. It also confirms its juristic personality as a PFMA Schedule 3C public entity.Clause 3Clause 3 provides for the objects of the Act. Such objects are inter alia-(a)to promote and develop entrepreneurship amongst the youth in the Province;(b)to promote and support youth development initiatives and projects in the Province;(c)to mobilise resources for youth development initiatives in the Province; and(d)to create opportunities for youth development in the Province.Clause 4Clause 4 provides for the Functions of Fund.. It states such functions to be to-(a)to promote, manage and support youth entrepreneurship promotion and awareness programmes in the Province;(b)to create and support youth entrepreneurship initiatives in the Province;(c)to provide for efficient support systems for business incubation for young entrepreneurs in the Province;(d)to, subject to approval by the responsible Member, source funding through any lawful means to finance projects or initiatives aimed business development support services for the youth in business, in the Province;(e)to monitor and solicit for interdepartmental youth entrepreneurship initiatives in the Province;(f)to initiate any research aimed at youth entrepreneurial development in the Province;(g)to initiate or participate in any policy development process aimed at youth entrepreneurial development in the Province;(h)to monitor provincial legislation and its impact on youth development in the Province;(i)to mobilise resources and investment in youth development programmes and projects targeting previously disadvantaged individuals;(j)to mobilise resources for skills development, capacity building, support and mentorship programmes for youth development;(k)to mobilise resources for programmes aimed at accessing the job or other markets for the youth through strategic partnerships and direct government interventions;(l)to solicit for technical and financial support for the youth involved in small business initiatives in the Province;(m)subject to approval of the responsible Member, to establish and administer a youth entrepreneurship data system and research programme for the benefit of the youth in the Province;(n)to act as a link between organs of state in the national, provincial and local spheres of government and other stakeholders in youth development;(o)to liaise and interact with any organisation, structure or body that has an interest in any matter related to youth development initiatives in the Province;(p)to operate throughout the Province: Provided that where it considers it desirable for the attainment of its objects, may become involved in projects and programmes outside the Province or establish linkages with organs of state outside the Province;(q)to actively assist potential and existing stakeholders in youth entrepreneurship with relevant, accurate and reliable information and advice;(r)to administer funds appropriated from the Provincial Legislature in accordance with the Public Finance Management Act;(s)to foster strategic partnerships with public and private institutions focusing on eentrepreneurship, mentorship and coaching programmes development of the youth in business;(t)subject to approval of the responsible Member, through any lawful means, to establish and administer a youth entrepreneurship collateral fund for the benefit of the youth in business in the Province; and(v)advise the responsible Member on any matter referred to the Fund by him or her.Clause 5Clause 5 seeks to define the powers of the responsible Member as inter alia-(a)the development of the Fund strategy;(b)the development of norms and standards petaining to entrepreneurial development of previously disadvantaged stakeholders in youth development;(c)the formulation of a strategy to change inequalities and foster sustainability in the youth entrepreneurial development programmes in the Province; and(d)the performance of such other functions as may be assigned to him or her in terms of this Act or any other law.Clause 6Clause 6 provides for the composition of the Board of the Fund, the minimum and maximum number of members, the criteria for appointment to the Board and the procedure for appointment of members of the Board.Clause 7Clause 7 provides for the disqualification of member and potential candidates from being appointed to the BoardClause 8Clause 8 provides for the declaration of financial or other interestsClause 9Clause 9 seeks to define the consequences of ffaiiure to declare financial or other interestsClause 10Clause 10 sets the term of office of members of the Board as three years and such members may be reappointed.Clause 11Clause 11 deals with matters relating to vacancies, removal and resignation from office of members of BoardClause 12Clause 12 provides for temporary suspension of members of the BoardClause 13Clause 13 regulates matters around the conduct of Meetings of BoardClause 14Clause 14 provides for recusal of member from meetings and proceedings of BoardClause 15Clause 15 regulates matters around the remuneration of members of the BoardClause 16Clause 16 deals with matters relating to the establishment of Committees to assist the BoardClause 17Clause 17 deals with the co-option of persons to the Board or Committees of the BoardClause 18Clause 18 deals with consultation and assistanceClause 19Clause 19 sets the criteria and procedure for appointment of the Chief Executive Officer of the FundClause 20Clause 20 defines the role and functions of the Chief Executive Officer.Clause 21Clause 21 regulates matters around the resignation and removal from office of the Chief Executive Officer.Clause 22Clause 22 regulates matters of the staff of the Fund.Clause 23Clause 23 creates the legal basis for the secondment or transfer of staff from the department to the Fund.Clause 24Clause 24 creates the legal basis for policy directives by the responsible Member.Clause 25Clause 25 provides for the funding of the Fund.Clause 26Clause 26 regulates the financial management of the Fund.Clause 27Clause 27 regulates the audit and annual reporting by the Fund.Clause 28Clause 28 defines the financial year of the Fund.Clause 29Clause 29 seeks to compel the Fund, to determine policies and procedures with regard to the acquisition and disposal of immovable property.Clause 30Clause 30 seeks to regulate legal proceedings against the Fund.Clause 31Clause 31 seeks to regulate matters relating the security of confidential information held by the Fund.Clause 32Clause 32 provides for the dissolution of the Fund. It states that such dissolution may only be done by an Act of the Provincial Legislature.Clause 33Clause 33 seeks to prohibit the unauthorised use of name of the Fund for personal gain.Clause 34Clause 34 provides for delegations.Clause 35Clause 35 provides for the making and publication of regulations and notices.Clause 36Clause 36 provides for general offences pertaining to the Fund.Clause 37Clause 37 provides for penalties for noncompliance with the Act.Clause 38Clause 38 provides for the repeal of the North West Youth Development Trust Act, 1997 (Act No. 7 of 1997).Clause 39Clause 39 deals with Transitional arrangements and validation in respect of repeal of North West Youth Development Trust Act, 1997 (Act No. 7 of 1997).Clause 40Clause 40 provides for the short title of the Act and further provides for the coming into operation of the Act.3. Organisational and personnel implications for Provincial Government
Since the North West Youth Entrepreneurship Services Fund is, as a result of this Act, going to be the successor in law to the North West Youth Development Trust, the transitional arrangements Clause caters for the transfer of the staff, if any, to the West Youth Entrepreneurship Services Fund.4. Financial implications for Provincial Government
Since the North West Youth Entrepreneurship Services Fund is, as a result of this Act, going to be a new entity, the financial implications are that the current financial year budget appropriation will have to be adjusted to accommodate additional financial costs associated with the establishment and running costs of a new entity.5. Departments/ Bodies/ Persons consulted
The Bill has been drafted in consultation with-5.3The Joint Executive Cluster Committees;5.4All political parties in the Province;5.5All relevant stakeholders; and5.6Office of the Chief State Law Advisor.6. Contact person
Name: Mr Thapelo SekawanaPosition: DirectorTel: (018)388-3716E-mail: Sekawana@nwpg.gov.za